The Court affirmed the necessity of enforcing statutory notices to evict illegal encroachers from government lands for public welfare.

(Order of the Court was made by S.M.SUBRAMANIAM, J.

The writ of mandamus has been instituted to direct the respondent 1 to

3 to remove all sort of illegal construction made by respondents 4 to 13 in Door No.2/187 (Survey No.249), Door No.2/187A (Survey No.249), Door No.2/204 (Survey No.253/2), Door No.2/205, (Survey No.253/2), Door No.2/206, (Survey No.253/2), Door No.2/211, Survey No.253/2), Door No.2/211A, 2/218, 2/219B, 2/219C, 2/213, 2/191, 2/191E, all bearing Door No.253/2 of Injambakkam, Vettuvankeni Link Road, Hanuman Colony (Rajan Nagar 1st, 2nd & 3rd Street, Injambakkam, Chennai Corporation Ward No.194 of Zone XV.

2. With reference to the allegations of encroachment of 'Government Poromboke' lands, roads etc., and illegal constructions, this Court has directed the Greater Chennai Corporation to file a Status Report. Accordingly, inspection and survey was conducted and the Commissioner, Greater Chennai Corporation filed a status report. The status report categorically reveals that the Government land / Corporation roads are under encroachment causing greater inconvenience to the people of that locality and right to use the public road is also blocked on account of large scale encroachments in that area. The relevant paragraphs of the Status Reports reads as under:

"15. ...that there is a direction by this Hon'ble Court passed in W.P.No.33614 of 2024 dated 27.11.2024 directing the encroachers, that they shall hand over the possession of the encroached portion without any demur. However, even after Section 128 Notice under the Urban Local Bodies Act , 1998. None of the encroachers came forward to handover possession of the sites, till date.

16. ...in view of all the above facts, also taking in account the fact that various footpaths and cart tracks are under encroachment, I had issued a Circular dated 21.03.2025 to all the Zonal Officers, calling for a report from all Zonal Officers with regard to the over all steps taken to remove the encroachments on roads and footpaths within their respective limits. I further submitted that after identifying the encroachments, due process will be followed to evict the encroachers in accordance with law.

17. ...as far as the encroachment found in S.No.253/2, 249 & 247 in Enjambakkam Village, Shollinganallur, already Section 128 Notice had been issued and the encroachers are in receipt of the same. Concerned Zonal Officers and engineers who had also engaged in talks with the encroachers for peaceful takeover of the site. In the event of the encroachers fail to hand over possession of the site peacefully as per the directions of this Hon'ble Court, all the encroachers will be evicted from the road encroachment by following the due process of law for implementing the 'Comprehensive Underground Sewerage Scheme to Injambakkam Division 194, Zone XV".

3. Mr.P.Prithivi Chopda, the learned Standing Counsel appearing on behalf of the Chennai Corporation would submit that Section 128 Notice under the Urban Local Bodies Act , 1998 had already been issued to the encroachers and an opportunity has been provided to the encroachers to vacate the premises and handover the vacant possession to the Authorities for the purpose of maintaining the road and poromboke lands for public purposes. Admittedly, the land situate in Chennai city and therefore, encroachment will cause greater inconvenience to the road users and other people in that locality.

4. In view of the fact that statutory notice had already been issued to the encroachers, the Greater Chennai Corporation is directed to evict all the encroachers if required, with the assistance of the police and utilise the road and 'Government Poromboke' land for public